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Wednesday, September 18, 2019

Further Discussion on the Individual's Rights to Access His/Her Information

BLOGGER COMMENTS:  Now that we know what the rules are as stated by the State Attorney General (read the previous blog "Clarification"), how do municipalities and counties apply that guidance to the real world?  A very recent example, dated August 26, 2019, is the City of Mobile, Code of Ordinances

The pertinent part, which addresses the local argument discussion of what can an individual see or can't see, is highlighted in red.  It is directly in line with the AG's decision and should serve as a 'go-by' for other departments, such as the Falkville PD.

Chapter 46 - POLICE DEPARTMENT AND LAW ENFORCEMENT

Article III Criminal History Records
  • The police department is hereby authorized to disseminate nonconviction data to the following individuals and agencies and to no other person, corporation, agency or individual:
    (1)
    Criminal justice agencies, for the purposes of the administration of criminal justice and criminal justice agency employment;
    (2)
    Individuals and agencies for any purpose authorized by statute, ordinance, executive order or court rule, decision or order, including subpoenas, as construed by appropriate state or local officials or agencies;
    (3)
    Individuals and agencies pursuant to a specific agreement with the police department to provide services required for the administration of criminal justice pursuant to that agreement. The agreement shall specifically authorize access to data, limit the use of data to purposes for which given, ensure the security and confidentiality of the data consistent with this article and any other applicable state or federal laws or regulations, and provides sanctions for violation thereof;
    (4)
    Individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to an agreement with the police department. The agreement shall specifically authorize access to data, limit the use of data to research, evaluative or statistical purposes, ensure the confidentiality and security of the data consistent with this article and any other applicable state or federal laws and regulations, and provide sanctions for the violation thereof;
    (5)
    The revenue department, pursuant to paragraph (2) of this section, for the purposes of crime prevention and the issuance of city licenses;
    (6)
    The city attorney and all assistant city attorneys, pursuant to paragraph (2) of this section, for the purposes of crime prevention; the administration of criminal justice; the defense or prosecution of civil or criminal cases on behalf of the city; the issuance of city licenses; the hiring, promotion and discipline of employees of the city; and for any other legal matter which concerns the city;
    (7)
    The mayor and elected councilmembers of the city, pursuant to paragraph (2) of this section, for the purposes of crime prevention; the administration of criminal justice; the defense or prosecution of civil or criminal cases on behalf of the city; the issuance of city licenses; and the hiring, promotion and discipline of employees of the city;
    (8)
    The fire chief; assistant fire chiefs; fire marshal; assistant fire marshal; and all fire inspectors, pursuant to paragraph (2) of this section, for the purposes of arson investigations and investigation concerning violations of the fire code or fire prevention code;
    (9)
    The county director of personnel, pursuant to paragraph (2) of this section, for the purposes of hiring, promotion, firing and discipline of Mobile County merit system employees.
    The dissemination limitations in this section do not apply to conviction data.
    (Ord. No. 47-033, § 3, 3-27-79)

  • (a)
    The police department shall not disseminate nonconviction data to any individuals or agencies enumerated in section 46-45 for any purpose other than those enumerated in section 46-45.
    (b)
    The police department shall not confirm the existence or nonexistence of criminal history record information to any person or agency that would not be eligible to receive the information itself.
    (c)
    This article does not mandate dissemination of criminal history record information to any agency or individual.
    (Ord. No. 47-033, § 4, 3-27-79)

  • The police department shall ensure the individual's right to access and review of criminal history record information for purposes of accuracy and completeness by instituting procedures so that:
    (1)
    Any individual, upon satisfactory verification of his identity, shall be entitled to review, without undue burden to either the police department or the individual, any criminal history record information maintained about the individual and obtain a copy thereof when necessary for the purpose of challenge or correction;
    (2)
    Administrative review and the necessary correction of any claim by the individual to whom the information relates that the information is inaccurate or incomplete as provided;
    (3)
    Upon request, an individual whose record has been corrected shall be given the names of all noncriminal justice agencies to whom the data has been given;
    (4)
    The police department shall notify all criminal justice recipients of corrected information; and
    (5)
    The individual's right to access and review of criminal history record information shall not extend to data contained in intelligence, investigatory or other related files and shall not be construed to include any other information than that defined in section 46-41 as "criminal history record information."
    (Ord. No. 47-033, § 5, 3-27-79)


1 comment:

  1. The whistleblower concedes that there are portions of the police report the citizen can't get. However, there are portions that they can obtain. The case number for one. The person could not even get that after four days of request. That is outrageous. Prove the whistleblower wrong and we will consed. Even if we are only partially wrong.

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